PEOPLE v. GARSON


53 A.D.2d 618 (1976)

The People of the State of New York, Respondent, v. Alan Garson, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 1, 1976


Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a period of probation. As so modified, sentence affirmed and case remanded to the Criminal Term to fix the period and terms of probation.

While the probation report submitted eschews a recommendation, the defendant's counsel in the sentencing minutes referred to the probation report's recommendation for probation. Further, the sentencing court stated that the sentence was "contrary...

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